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1st Circuit to hear challenge to Trump's birthright citizenship order |
President Trump's executive order curtailing birthright citizenship is back in court today. Here's what to know: |
- The 1st Circuit will consider whether to uphold a lower court ruling blocking the Trump administration from implementing an executive order that would ban birthright citizenship.
- Last week, U.S. District Judge Leo Sorokin in Boston ruled that a nationwide injunction he issued in February that blocked the EO should remain in place, rejecting the Trump administration's argument that a narrower ruling was warranted because of a June decision from the U.S. Supreme Court. Read that ruling here.
- The court will weigh the constitutionality of the EO and is also consolidating arguments in a related case out of New Hampshire. It will not take up the nationwide class action ruling U.S. District Judge Joseph Laplante in New Hampshire issued July 10.
- Today's arguments are before 1st Circuit Judges David Barron, Julie Rikelman and Seth Aframe and will begin at 3 p.m. ET.
- The 1st Circuit is one of three federal appeals courts being asked to consider the question on the merits. Last week the 9th Circuit ruled that the birthright EO is unconstitutional and blocked its enforcement nationwide. Read that opinion here.
- On Tuesday the 4th Circuit paved the way for U.S. District Judge Deborah Boardman in Greenbelt, Maryland, to approve an emergency pause in another birthright case. Read the 4th Circuit order here. Boardman had said she would certify a class and issue a preliminary injunction if given back jurisdiction. Read that opinion here.
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- U.S. District Judge Edward Chen in San Francisco will hold a motion hearing in a second lawsuit filed by the National TPS Alliance challenging the U.S. Department of Homeland Security's decision to terminate Temporary Protected Status. This case centers on TPS holders from Honduras, Nepal and Nicaragua. Read the complaint.
- A motion hearing is set before U.S. District Judge Lydia Griggsby in Greenbelt, Maryland, in a lawsuit challenging the termination of NIH grants for research related to health issues affecting the LBGTQ+ community. Read the complaint.
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Court calendars are subject to last-minute docket changes. |
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- A group of federal judges took the rare step of speaking out publicly about how they became the targets of death threats and began receiving mysterious pizza deliveries in the name of a judge's murdered son after they came under fire for blocking major parts of President Trump's agenda. Read more here.
- The law class of 2024 had the highest employment rate ever recorded by the National Association for Law Placement, the job-tracking group said, defying earlier predictions that the class's larger size would drive down the job rate. Read more.
- Jeffrey Clark, a senior DOJ official during President Trump's first term, should be stripped of his D.C. law license for acting dishonestly in his efforts to help Trump overturn his 2020 election defeat, an attorney regulatory body said. Read the report.
- Moves: Weil added three IP partners from Latham: Doug Lumish, Jeff Homrig and Gabe Gross. Lumish and Homrig will be co-heads of the firm's IP, technology and science litigation practice … David Stauss joined Troutman Pepper Locke's privacy and cyber practice from Husch Blackwell … Rebecca Waltuch left McDermott to join Holland & Knight's healthcare transactions practice.
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That's how much plaintiffs' lawyers at Bathaee Dunne, Burke LLC and Korein Tillery asked to be awarded in legal fees for their work on a no-cash settlement with Charles Schwab. The lawyers are facing objections over the amount and the proposed settlement is giving the federal courts a fresh chance to consider what lawyers deserve to be paid for resolving class actions without securing a settlement fund for class members. Read this week's Billable Hours. |
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"IEEPA doesn't even say tariffs, doesn't even mention them."
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—Federal Circuit Judge Jimmie Reyna during arguments before the court on whether or not President Trump has the authority to impose sweeping tariffs under the International Emergency Economic Powers Act (IEEPA). Government lawyer Brett Shumate argued that IEEPA allows the president to have "extraordinary" powers in an emergency and authorizes tariffs because it allows a president to "regulate" imports in a crisis. Read more about the arguments. |
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- Epstein files: President Trump is facing criticism over his administration's handling of unreleased files from Jeffrey Epstein's criminal case, a controversy ignited by a DOJ memo published in early July. The memo concluded Epstein had died by suicide and stated there was "no incriminating client list," prompting some Trump supporters to allege the federal government was shielding wealthy and influential individuals. On Tuesday, Trump said WSJ and its billionaire owner Rupert Murdoch wanted to settle the president's defamation lawsuit against the newspaper over a report claiming Trump's name was on a birthday greeting for late sex offender Epstein. Trump stated that he "never had the privilege" of visiting Epstein's private island and had rejected an invitation from the convicted sex offender, which he described as an act of good judgment. Meanwhile, the House Oversight Committee declined a request from Epstein's longtime associate, Ghislaine Maxwell, for immunity from future prosecution in exchange for her testimony before the panel. Maxwell's attorney, David Markus, said that his client could not risk further criminal exposure in what he described as a politically charged environment without formal immunity.
- The Judiciary: A Republican-backed budget plan could force federal public defenders to cut 600 jobs or delay payments to court-appointed attorneys, a judiciary official warned. In other judiciary news, a policymaking body agreed to recommend that the president and the Senate do nothing the next time a seat opens up on the 10th Circuit. On Tuesday, the Senate confirmed President Trump's former personal lawyer Emil Bove as a judge on the 3rd Circuit. And Trump's 9th Circuit nominee, Eric Tung, defended his past comments criticizing "radical feminists" for trying to "blur gender roles" and "undermine institutions like marriage" before the Senate Judiciary Committee. The committee chair Chuck Grassley said he was "offended" and "disappointed" by Trump's social media posts targeting him for refusing to end the "blue slip" process in the Senate. Separately, the Federal Circuit extended the suspension of 98-year-old judge Pauline Newman for another year after finding she had not cooperated with a probe into her fitness to serve. And in courtroom developments, two U.S. judges have withdrawn rulings in separate lawsuits after lawyers claimed the orders contained factual inaccuracies, incorrect parties and allegations not included in the complaints.
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Bracewell's David Shargel examines the new complexity of the e-discovery landscape and offers insight for preparing consistent checklists and workflows. Read today's Attorney Analysis. |
Additional writing by Shruthi Krishnamurthy. |
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